Auto Insurance Claims: auto accident, own insurance, insurance policies

Question
Mr. Hixenbaugh,
My husband and i were rear-ended at a stoplight about a month ago.  The driver was going approx 75mph at the time of the impact (he had a .283bac and had nooo idea what he was doing) and then tried to run from the scene.  The police caught up with him, but since then he has skipped bail and run again.  I just spoke with his insurance company and they stated that they are waiting to speak with the driver to determine liability.  it has already been one month, and the police are looking for him as well.  Is there a statute of time limit or something in which the insurance has to speak with him?  I am concerned b/c it has already been one month and I really need for this to be settled so that I can get a new car and get on with my life!! What can I do?

Answer
Hi Jamie,

In most states the insurance company has 30 days to investigate the claim and either pay or deny the claim. If the insurance company can not reach their insured driver, the insurance company can deny the claim due to lack of cooperation on the part of their insured driver. This is due to that fact that all insurance policies have a clause that requires an insured to promptly report claims and to cooperate in the investigation of those claims. If this ends up being the case, you may want to file the claim on your own insurance and let them deal with the other insurance company.

I hope this helps
Richard Hixenbaugh